Copyright © 2006 Pearson Education, Inc., publishing as Benjamin Cummings PowerPoint ® Slides prepared by Jay Withgott and Heidi Marcum fgh sfg dfg PowerPoint ® Slides prepared by Jay Withgott and Heidi Marcum Ch 3 Environmental Policy: Decision Making and Problem Solving Part 1: Foundations of Environmental Science Copyright © 2008 Pearson Education, Inc., publishing as Benjamin Cummings

This lecture will help you understand: Environmental policies Major U.S. environmental laws International environmental policy The environmental policy process Different approaches to environmental policy

San Diego and Tijuana The Tijuana River empties into the Pacific Ocean, carrying millions of gallons of untreated wastewater San Diego’s waters receive storm water runoff Beaches are off-limits to swimming Rains wash pollutants onto U.S. and Mexican beaches, but things are worse on the Mexican side What were the “Rogue Flows”?

Tijuana River Pollution WATERSHED  all land from which water drains in a river Tijuana is a transboundary watershed (crosses a political boundary) Home to 2 million people of two different nations Much poverty on Mexican side: farms, apartments, toxic dumps, etc. Demonstrates the need for POLICIES!!!!

Environmental policy Policy  a formal set of general plans and principles to address problems and guide decisions Public Policy  policy made by governments that consists of laws, regulations, orders, incentives, and practices Environmental Policy  pertains to human interactions with the environment Regulates resource use or reduce pollution

Environmental policy and resource use Policies include science, ethics, and economics Market failure  businesses or individuals don’t minimize environmental impact (little incentive for businesses to care) Justification for government intervention!!! We must develop guidelines for commonly held resources What idea that we already talked about does this relate to??? TRAGEDY OF THE COMMONS The threat of overexploitation is a driving force behind much environmental policy

Environmental policy and equity Free Riders  voluntarily reducing pollution tempts any one person to cheat Private voluntary efforts are less effective than public policy!!! External Cost  harmful impacts result from market transaction but are borne by people not involved in the transaction Environmental policy goals = protect resources against the tragedy of the commons and to promote equity by eliminating free riders and addressing external costs

Why are environmental laws unpopular? Environmental laws are challenged, derided, and ignored Environmental policy involves government regulations Businesses and individuals view laws as overly restrictive and unresponsive to human needs Most environmental problems are long-term processes Human behavior is geared toward short-term needs News media have short attention spans Politicians act out of their own short-term interest

Results from actions of the three branches of government Legislative branch = creates statutory law Executive branch = enacts or vetoes legislation - Issues executive orders Judicial branch = interprets laws Administrative agencies = the “fourth branch” - Established by the president or Congress Framework of U.S. policy

State and local policies affect environmental issues Important environmental policy is also created at the state and local levels State laws cannot violate principles of the U.S. Constitution, If laws conflict, federal laws take precedence California, New York, and Massachusetts have strong environmental laws The interior western states put less priority on environmental protection and favor unregulated development

Constitutional amendments and environmental law Fourteenth Amendment of the U.S. Constitution  Prohibits denying “equal protection of its laws”  It’s the Constitutional basis for the environmental justice movement Fifth Amendment  “takings” clause (Bans the literal taking of private property) Also bans regulatory taking, which deprives a property owner of economic uses of the property There is a sensitive balance between private rights and the public good

Early U.S. environmental policy Involved management of public lands, 1780s to the late 1800s Promoted settlement Extraction of natural resources Increased prosperity Relieved crowding in Eastern cities Displaced millions of Native Americans People believed that land was infinite and inexhaustible!!

The second wave of U.S. policy Addressed impacts caused by the first wave Public perception and government policy shifted Mitigated environmental problems associated with westward expansion Yellowstone National Park, the world’s first national park, opened in 1872 Other protected areas were created National wildlife refuges, parks, and forests Reflected a new understanding that the West’s resources were exhaustible and required legal protection

The third wave of U.S. environmental policy Mid-to late-20th century Better off economically But dirtier air, dirtier water, and more waste and toxic chemicals Increased awareness of environmental problems shifted public priorities and policy 1962: Silent Spring (by Rachel Carson) described the negative ecological and health effects of pesticides and industrial chemicals

Modern U.S. environmental policy The Cuyahoga River was polluted with oil and industrial waste It caught fire in the 1950s and 1960s Today, public enthusiasm for environmental protection remains strong The majority of Americans favor environmental protection In April, millions of people celebrate Earth Day

The National Environmental Policy Act (NEPA) 1970 began the modern era of environmental policy Created the Council on Environmental Quality - Requires an Environmental Impact Statement (EIS) for any federal action that might impact the environment NEPA forces the government and businesses to evaluate the environmental impacts of a project

The EPA shifts environmental policy Nixon created… Environmental Protection Agency (EPA) Conducts and evaluates research Monitors environmental quality Sets and enforces standards for pollution levels Assists states in meeting standards and goals Educates the public

Significant environmental laws The public demanded a cleaner environment and supported tougher environmental legislation

The social context for policy can change Three factors converged to allow major advances in environmental policy in the 1960s and 1970s Wide evidence of environmental problems People could visualize policies to deal with problems The political climate was ripe, with a supportive public and leaders who were willing to act In recent years, the political climate has changed People felt burdened by environmental regulations Attempts have been made to roll back or weaken environmental laws

Future environmental policies Will depend on having the American environmental movement reinvent its approach It needs to appeal to people’s core values Start showing why these problems are actually human issues and affect our quality life Future policies need to articulate a positive, inspiring vision for the future Currently, the United States has retreated from its leadership Other nations have increased their attention to environmental issues

The Earth Summit The largest international diplomatic conference ever held It centered on the idea of sustainable development This fourth wave of environmental policy focuses on sustainable development Finding ways to safeguard natural systems while raising living standards for the world’s poorest people Rio de Janeiro, Brazil, in 2002

International Environmental Policy International issues can be addressed through creative agreements Customary law  practices or customs held by most cultures Conventional law  from conventions or treaties Montreal Protocol: nations agreed to reduce ozone- depleting chemicals Kyoto Protocol: reduces fossil fuel emissions causing climate change An international wastewater treatment plant

Organizations help shape international policy International organizations influence the behavior of nations Providing funding, applying peer pressure, directing media attention United Nations Environment Programme (UNEP) = helps nations understand and solve environmental problems The European Union seeks to promote Europe’s unity and economic and social progress Can enact binding regulations Can also issue advisory directives

The World Trade Organization (WTO) Represents multinational corporations to promote free trade Has authority to impose penalties on nations the don’t comply with its directives Interprets some environmental laws as unfair barriers to free trade Brazil and Venezuela filed a complaint against the U.S. EPA’s regulations requiring cleaner-burning fuel The WTO agreed with Brazil and Venezuela, despite threats to human health Critics charge the WTO aggravates environmental problems

NGOs and the World Bank Nongovernmental Organizations (NGOs) = entities that influence international policy Some do not get politically involved Others try to shape policy through research, lobbying or protest The World Bank = one of the world’s largest funding sources for development Dams, irrigation, infrastructure Funds unsustainable, environmentally damaging projects

Six steps to making environmental policy Requires curiosity, observation, awareness

Step 2 Involves scientific research and Risk assessment  judging risks a problem poses to health or the environment

Step 3 Risk management  developing strategies to minimize risk Involves social or political action

Step 4 Organizations are more effective than individuals But a motivated, informed individual can also succeed

Step 5 Lobbying  spending time and money to influence a politician Environmental advocates are not the most influential lobbyists Political Action Committees (PACs)  raise money for political campaigns The revolving door  the movement of people between the private sector and government Intimate knowledge of an issue or conflict of interest?

Step 6 Prepare a bill, or draft law, containing solutions Following a law’s enactment Administrative agencies implement regulations Policymakers evaluate the policy’s successes or failures The judicial branch interprets the law

Science plays a role, but can be politicized Effective policy decisions are informed by scientific research Sometimes policymakers ignore science They let political ideology determine policy Scientists at government agencies have had their work suppressed or discredited - Their jobs were threatened When taxpayer-funded research is suppressed or distorted for political ends, everyone loses!!!

Approaches to environmental policy Command-and-control  environmental policy sets rules or limits and threatens punishment for violators Heavy-handed Alternative approaches involve using economic incentives to encourage desired outcomes and use market dynamics to meet goals Most current environmental laws - Have resulted in safe, healthy, comfortable lives

Drawbacks of command-and-control Government actions may be well-intentioned but not informed Interest groups–people seeking private gain– unduly influence politicians Citizens may view policies as restrictions on freedom Costly and less efficient in achieving goals

Widespread economic policy tools Tax breaks  encourage desirable industries or activities Subsidy  a government giveaway of cash or resources to encourage a particular activity Have been used to support unsustainable activities In 2003, $58 billion of taxpayer’s money was spent on 68 environmentally harmful subsidies such as building logging roads

Another economic policy tool Green taxes  taxes on environmentally harmful activities Polluter pays principle = the price of a good or service includes all costs, including environmental degradation Gives companies financial incentives to reduce pollution But, costs are passed on to consumers!!

Market permitting and incentives Permit trading  government-created market in permits Businesses buy, sell, trade these permits Emissions trading system  government-issued permits for an acceptable amount of pollution and companies buy, sell, or trade these permits with other polluters Cap-and-trade system  a party that reduces its pollution levels can sell this credit to other parties - Pollution is reduced overall, but does increase around polluting plants Companies have an economic incentive to reduce emissions

Conclusion Environmental policy is a problem-solving tool Uses science, ethics and economics Conventional command-and-control approach Uses legislation and regulations Most common approach Market-based incentives Can be more complicated but can be less expensive

QUESTION: Review _______ is defined as “laws and regulations made by government.” a) Tort law b) Public policy c) Market failure d) Tragedy of the commons

Which of the following is NOT a goal of environmental policy? a)Increased resource extraction b)Elimination of free riders c)Addressing external costs d)Promoting equity QUESTION: Review

What happened to the Cuyahoga River to increase awareness of environmental problems? a)It smelled bad b)People drowned in it c)It was drained d)It caught on fire QUESTION: Review

NEPA requires an Environmental Impact Statement when: a)An economically expensive project is proposed b)Any state action may affect the environment c)Any federal action may affect the environment d)Politicians decide one is needed QUESTION: Review

External costs are: a)Defined when a person cheats on cleaning up pollution b)Borne by people involved in a transaction c)Voluntary efforts to decrease environmental impacts d)Borne by people not involved in a transaction QUESTION: Review

Which of the following entities tries to shape policy through research, lobbying, or protest? a)NGOs b)The EU c)The World Bank d)The WTO

a) Emissions have greatly increased since 2000 b) Emissions have decreased since 2000, but are above permitted levels c) The U.S. no longer emits sulfur dioxide d) Permitted levels have been lowered since 2000 QUESTION: Interpreting Graphs and Data What major conclusion can be drawn from this graph on emissions trading of sulfur dioxide.

QUESTION: Viewpoints Should the government be able to prevent development in an environmentally sensitive area, even if that area is privately owned? a)Yes, if the public good is threatened b)Yes, if the landowner agrees c)Yes, but only if the courts allow it d)No, private property development should never be prevented by government

If one nation has strict environmental laws, should another nation be allowed to sue to overrule those laws in the name of free trade? a)Yes, free trade must not be interrupted between two countries that have trade agreements b)Yes, but only if the negatively affected country is poor and trying to develop c)No, countries have the right to pass environmental protection laws that other nations must follow QUESTION: Viewpoints